Bill Text: CA AB2501 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: School safety plans.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-04-21 - In committee: Set, second hearing. Hearing canceled at the request of author. [AB2501 Detail]

Download: California-2009-AB2501-Amended.html

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BILL NUMBER: AB 2501	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 25, 2010

INTRODUCED BY   Assembly Member Lieu

                        FEBRUARY 19, 2010

   An act to amend Sections 32280, 32281, 32282, 32285, and 32286 of,
to add Sections 32286.1, 32287.1, 32289.1, and 32289.2 to, to repeal
Section 32289 of, and to repeal and add Section 32288 of, the
Education Code, relating to public schools.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2501, as amended, Lieu. School safety plans.
   (1) Existing law provides that school districts and county offices
of education are responsible for the overall development of a
comprehensive school safety plan for each of their constituent
schools. Existing law requires the schoolsite council of a school to
write and develop the school safety plan relevant to the needs and
resources of the particular school. Existing law requires a
schoolsite council or school safety planning committee, before
adopting a school safety plan, to hold a public meeting at the
schoolsite, as specified. Existing law requires schools to forward
copies of their school safety plans to the school district or county
office of education for approval. Existing law requires school
districts and county offices of education annually to notify the
State Department of Education regarding schools that fail to adopt a
school safety plan.
   This bill would revise and recast those procedures. The bill would
 expressly state that   make  the
requirement to develop and adopt a school safety plan 
applies   applicable  to charter schools authorized
by the governing boards of school districts or county offices of
education in addition to other public schools operated by those
districts or county offices. The bill also would impose various
criminal penalties for school and local educational agency officers
who fail to comply with the revised procedures. The bill would
authorize the superior court in and for the county wherein acts or
practices that violate the revised procedures take place, or are
about to take place, to issue an injunction, or other appropriate
order restraining the conduct, on application of the Attorney
General, the district attorney of the county, a city attorney, or any
person aggrieved. By requiring school and local educational agency
officers to perform additional duties, and creating new crimes, the
bill would impose a state-mandated local program.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 32280 of the Education Code is amended to read:

   32280.  (a) It is the intent of the Legislature that all
California public schools, including charter schools, in
kindergarten, and grades 1 to 12, inclusive, operated by school
districts, in cooperation with local law enforcement agencies,
community leaders, parents, pupils, teachers, administrators, and
other persons who may be interested in the prevention of campus crime
and violence, develop a comprehensive school safety plan that
addresses the safety concerns identified through a systematic
planning process.
   (b) (1) For the purposes of this section, law enforcement agencies
include local police departments, local fire departments, county
sheriffs' offices, school district police or security departments,
probation departments, the Attorney General, any district attorney,
or any city attorney.
   (2)  For purposes of this section, a "safety plan" means a plan to
develop strategies aimed at the prevention of, and education about,
potential incidents involving crime and violence on the school
campus.
  SEC. 2.  Section 32281 of the Education Code is amended to read:
   32281.  (a) Each school district and county office of education is
responsible for the overall development of all comprehensive school
safety plans for its schools, including charter schools it has
authorized, operating kindergarten or any of grades 1 to 12,
inclusive.
   (b) (1) Except as provided in subdivision (d) with regard to a
small school district, the schoolsite council established pursuant to
Section 52012, as it read prior to January 1, 2006, or Section
52852, including a schoolsite council at a charter school, shall
write and develop a comprehensive school safety plan relevant to the
needs and resources of that particular school.
   (2) The schoolsite council may delegate this responsibility to a
school safety planning committee made up of the following members:
   (A) The principal or the school's chief officer in a school
without a principal.
   (B) One teacher who is a representative of the recognized
certificated employee organization.
   (C) One parent whose child attends the school.
   (D) One classified employee who is a representative of the
recognized classified employee organization.
   (E) Other members, if desired.
   (3) The schoolsite council shall consult with a representative
from a law enforcement agency in the writing and development of the
initial comprehensive school safety plan, and is strongly encouraged
to consult with a representative from a law enforcement agency for
the plan's review every year thereafter.
   (4) In the absence of a schoolsite council, the members specified
in paragraph (2) shall serve as the school safety planning committee.

   (c) Nothing in this article shall limit or take away the authority
of school boards as guaranteed under this code.
   (d) (1) Subdivision (b) shall not apply to a small school
district, as defined in paragraph (2), if the small school district
develops a districtwide comprehensive school safety plan that is
applicable to each schoolsite.
   (2) As used in this article, "small school district" means a
school district that has fewer than 2,501 units of average daily
attendance at the beginning of each fiscal year.
   (e) (1) When a principal, or the school's chief officer in a
school without a principal, verifies through local law enforcement
officials that a report has been filed of the occurrence of a violent
crime on the schoolsite of an elementary or secondary school at
which he or she is the principal or chief officer, the principal or
chief officer may send to each pupil's parent or legal guardian and
each school employee a written notice of the occurrence and general
nature of the crime. If the principal or chief officer chooses to
send the written notice, the Legislature encourages the notice be
sent no later than the end of business on the second regular work day
after the verification. If, at the time of verification, local law
enforcement officials determine that notification of the violent
crime would hinder an ongoing investigation, the notification
authorized by this subdivision shall be made within a reasonable
period of time, to be determined by the local law enforcement agency
and the school district. For purposes of this section, a "violent
crime" means a Part 1 violent crime as defined in paragraph (2) of
subdivision (i) of Section 67381 and be an act for which a pupil
could or would be expelled pursuant to Section 48915.
   (2) Nothing in this subdivision shall create any liability in a
school district or its employees for complying with paragraph (1).
  SEC. 3.  Section 32282 of the Education Code is amended to read:
   32282.  (a) The comprehensive school safety plan shall include,
but not be limited to, both of the following:
   (1) Assessing the current status of school crime committed on
school campuses and at school-related functions.
   (2) Identifying appropriate strategies and programs that will
provide or maintain a high level of school safety and address the
school's procedures for complying with existing laws related to
school safety, which shall include the development of all of the
following:
   (A) Child abuse reporting procedures consistent with Article 2.5
(commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of
the Penal Code.
   (B) Disaster procedures, routine and emergency, including
adaptations for pupils with disabilities in accordance with the
federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101
et seq.). The disaster procedures shall also include, but not be
limited to, both of the following:
   (i) Establishing an earthquake emergency procedure system in every
public school building having an occupant capacity of 50 or more
pupils or more than one classroom. A district or county office may
work with the California Emergency Management Agency and the Seismic
Safety Commission to develop and establish the earthquake emergency
procedure system. The system shall include, but not be limited to,
all of the following:
   (I) A school building disaster plan, ready for implementation at
any time, for maintaining the safety and care of pupils and staff.
   (II) A drop procedure whereby each pupil and staff member takes
cover under a table or desk, dropping to his or her knees, with the
head protected by the arms, and the back to the windows. A drop
procedure practice shall be held at least once each school quarter in
elementary schools and at least once a semester in secondary
schools.
   (III) Protective measures to be taken before, during, and
following an earthquake.
   (IV) A program to ensure that pupils and both the certificated and
classified staff are aware of, and properly trained in, the
earthquake emergency procedure system.
   (ii) Establishing a procedure to allow a public agency or
nongovernmental organization, including the American Red Cross, to
use school buildings, grounds, and equipment for mass care and
welfare shelters during disasters or other emergencies affecting the
public health and welfare. The district or county office shall
cooperate with the public agency or nongovernmental organization in
furnishing and maintaining the services as the district or county
office may deem necessary to meet the needs of the community.
   (C) Policies pursuant to subdivision (d) of Section 48915 for
pupils who committed an act listed in subdivision (c) of Section
48915 and other school-designated serious acts which would lead to
suspension, expulsion, or mandatory expulsion recommendations
pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of
Part 27 of Division 4 of Title 2.
   (D) Procedures to notify teachers of dangerous pupils pursuant to
Section 49079.
   (E) A discrimination and harassment policy consistent with the
prohibition against discrimination contained in Chapter 2 (commencing
with Section 200) of Part 1.
   (F) The provisions of any schoolwide dress code, pursuant to
Section 35183, that prohibits pupils from wearing "gang-related
apparel," if the school has adopted that type of a dress code. For
those purposes, the comprehensive school safety plan shall define
"gang-related apparel." The definition shall be limited to apparel
that, if worn or displayed on a school campus, reasonably could be
determined to threaten the health and safety of the school
environment. Any schoolwide dress code established pursuant to this
section and Section 35183 shall be enforced on the school campus and
at any school-sponsored activity by the principal of the school or
the school's chief officer in a school without a principal. For the
purposes of this paragraph, "gang-related apparel" shall not be
considered a protected form of speech pursuant to Section 48950.
   (G) Procedures for safe ingress and egress of pupils, parents, and
school employees to and from school.
   (H) A safe and orderly environment conducive to learning at the
school.
   (I) The rules and procedures on school discipline adopted pursuant
to Sections 35291 and 35291.5.
   (b) It is the intent of the Legislature that schools develop
comprehensive school safety plans using existing resources, including
the materials and services of the partnership, pursuant to this
chapter. It is also the intent of the Legislature that schools use
the handbook developed and distributed by the School/Law Enforcement
Partnership Program entitled "Safe Schools: A Planning Guide for
Action" in conjunction with developing their plan for school safety.
   (c) Grants to assist schools in implementing their comprehensive
school safety plan shall be made available through the partnership as
authorized by Section 32285.
   (d) Each schoolsite council or school safety planning committee in
developing and updating a comprehensive school safety plan shall,
where practical, consult, cooperate, and coordinate with other
schoolsite councils or school safety planning committees.
   (e) The comprehensive school safety plan may be evaluated and
amended, as needed, by the school safety planning committee, but
shall be evaluated at least once a year, to ensure that the
comprehensive school safety plan is properly implemented. An updated
file of all safety-related plans and materials shall be readily
available for inspection by law enforcement.
   (f) (1) Before adopting its initial comprehensive school safety
plan, the schoolsite council or school safety planning committee is
strongly encouraged to hold a public meeting at the schoolsite to
hear public comment about the school safety plan.
   (2) The schoolsite council or school safety planning committee
shall notify, in writing, the following persons and entities, if
available, of the public meeting:
   (A) A representative of the local school employee organization.
   (B) A representative of each parent organization registered at the
schoolsite, including the parent teacher association and parent
teacher clubs.
   (C) A representative of each teacher organization at the
schoolsite.
   (D) All persons who have requested to be notified.
  SEC. 4.  Section 32285 of the Education Code is amended to read:
   32285.  (a) The governing board of a school district, on behalf of
one or more schools within the district that have developed a school
safety plan, may apply to the Superintendent for a grant to
implement school safety plans. The partnership may award grants for
school safety plans that include, but are not limited to, the
following criteria:
   (1) Assessment of the recent incidence of crime committed on the
school campus.
   (2) Identification of appropriate strategies and programs that
will provide or maintain a high level of school safety.
   (3) Development of an action plan, in conjunction with local law
enforcement agencies, for implementing appropriate safety strategies
and programs, and determining the fiscal impact of executing the
strategies and programs. The action plan shall identify available
resources which will provide for implementation of the plan.
   (b) The Superintendent shall award grants pursuant to this section
to school districts for the implementation of individual school
safety plans in an amount not to exceed five thousand dollars
($5,000) for each school. No grant shall be made unless the school
district makes available, for purposes of implementing the school
safety plans, an amount of funds equal to the amount of the grant.
Grants should be awarded through a competitive process, based upon
criteria including, but not limited to, the merit of the proposal and
the need for imposing school safety, based on school crime rates.
   (c) Any school receiving a grant under this section shall submit
to the Superintendent verified copies of its schoolsite crime report
annually for three consecutive years following the receipt of the
grant to study the impact of the implementation of the school safety
plan on the incidence of crime on the campus of the school.
  SEC. 5.  Section 32286 of the Education Code is amended to read:
   32286.  (a) Each school shall adopt its comprehensive school
safety plan for the upcoming school year no later than the preceding
March 1 and shall review and update its plan by March 1 of each year
thereafter. A new school campus that begins offering classes to
pupils after March 1, 2001, shall adopt a comprehensive school safety
plan within one year of initiating operation, and shall review and
update its plan by March 1, every year thereafter.
   (b) The principal or chief officer of each school shall forward
the school's comprehensive school safety plan for the upcoming school
year to the superintendent of the school district or county office
of education, or to the chief officer where there is no
superintendent, no later than March 31 of each year. The school
district or county office of education may approve the plan or
determine that the plan does not comply with this article and return
it to the school for amendment. The principal or chief officer shall
return an amended plan within 60 days of the date each rejected plan
is returned for amendment.
   (c) No later than July 31 of each year, the principal or chief
officer shall accurately report on the status of the school's safety
plan for the upcoming school year, including a description of its key
elements in the annual school accountability report card prepared
pursuant to Sections 33126 and 35256. The report shall include, but
is not limited to, whether or not a school safety plan was adopted
for the upcoming year, the date the school safety plan was adopted,
the date the adopted school safety plan was forwarded to the school
district or county office pursuant to subdivision (b), and a
description of the safety plan's elements as set forth in Section
32282.
   (d) Each school principal or chief officer shall provide each
teacher and classified employee a written or electronic copy of the
adopted school safety plan.
  SEC. 6.  Section 32286.1 is added to the Education Code, to read:
   32286.1.  No later than October 15 of each year, each
superintendent of a school district or county office of education, or
each chief officer of a district or county office without a
superintendent, shall provide written notification to the
Superintendent identifying each school within the district or county
that has not complied with Section 32281 or subdivision (b) of
Section 32286 for that school year.
  SEC. 7.  Section 32287.1 is added to the Education Code, to read:
   32287.1.  (a) No later than December 31 of each year, the
Superintendent shall publish on the department's Internet Web site
the names of each school reported pursuant to Section 32286.1.
   (b) No later than 60 days after a notification pursuant to Section
32287, the Superintendent shall publish on the department's Internet
Web site the name of every school district and county office so
notified and the date of notification.
  SEC. 8.  Section 32288 of the Education Code is repealed.
  SEC. 9.  Section 32288 is added to the Education Code, to read:
   32288.  (a) Each principal or chief officer shall  furnish
to a law enforcement agency described in Section 32280, upon
request,   keep and maintain  a copy of the most
recent comprehensive school safety plan for that school  and
a copy of the most recent notification made pursuant to Section
32286.1  .
   (b) Each superintendent of a school district or county office of
education, or each chief officer of a district or county office
without a superintendent, shall  furnish to a law enforcement
agency described in Section 32280, upon request,   keep
and maintain  a copy of the most recent comprehensive school
safety plan filed pursuant to  Section 32286 and a copy of every
notification made pursuant to Section  32286.1. 
   (c) All books, documents, records, and other papers kept and
maintained pursuant to subdivisions (a) and (b) shall be open for
inspection and copying on business days, excluding legal holidays,
during the hours of 9 a.m. and 5 p.m., within 48 hours of a written,
verbal, or electronic request by a law enforcement agency described
in Section 32280.  
   (c) 
    (d)  Each person who knowingly violates this section is
guilty of an infraction punishable by a fine of not less than two
hundred fifty dollars ($250) nor more than one thousand dollars
($1,000).
  SEC. 10.  Section 32289 of the Education Code, as added by Section
1 of Chapter 272 of the Statutes of 2004, is repealed.
  SEC. 11.  Section 32289.1 is added to the Education Code, to read:
   32289.1.  (a) Each principal or chief officer who knowingly
violates Section 32286 is guilty of an infraction punishable by a
fine of not less than two hundred fifty dollars ($250) nor more than
one thousand dollars ($1,000).
   (b) Each superintendent of a school district or a county office of
education, and each chief officer of a district or county office
without a superintendent, who knowingly violates Section 32286.1 is
guilty of an infraction punishable by a fine of not less than two
hundred fifty dollars ($250) nor more than one thousand dollars
($1,000).
   (c) Before an infraction may be charged against any person for a
violation described in this section, the prosecuting agency shall
provide a written notice of correction to the person. If the person
delivers written proof of correction to the prosecuting agency within
60 days of delivery of the notice, the infraction shall not be
charged.
  SEC. 12.  Section 32289.2 is added to the Education Code, to read:
   32289.2.  In addition to other proceedings provided for in this
chapter, whenever any person has engaged, or is about to engage, in
any acts or practices that constitute, or will constitute, a
violation of this article, the superior court in and for the county
wherein the acts or practices take place, or are about to take place,
may issue an injunction, or other appropriate order restraining the
conduct, on application of the Attorney General, the district
attorney of the county, a city attorney, or any aggrieved person.
  SEC. 13.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.